A Georgia driver's license can be suspended for several reasons, including as a result of an arrest or a conviction of driving under the influence (DUI) of drugs or alcohol. If you have been arrested for DUI, or driving on suspended license, an experienced Dekalb County DUI attorney can help defend your case and stop the cycle.
When Can My Georgia Driver's License Be Suspended?
- Failure to pay child support
- Declared a habitually dangerous or negligent driver
- Accumulation of 15 points on your driving record within 24 months
- Driving without insurance
- Refusal to take DUI chemical tests under the Georgia informed consent law
- A failed chemical test result, and/or
- A first or subsequent DUI conviction.
A license suspension will limit your ability to drive to work, to school, or even to family functions. Without the ability to drive to work, you may lose your job or be forced to rely on others for help, greatly inconveniencing your family and -- to some extent -- your friends.
Suspended License with DeKalb County DUI Charges
Both driving on a suspended license and DUI charges can be dealt with separately or together. When the two occur at the same time, you face more serious penalties and a significant risk of an even longer suspension of your driver's license. In order to protect your driver's license, you should consult an experienced attorney who is familiar with the Georgia courts and how to protect your driving privileges.
Understanding Georgia DUI Administrative Hearings
The most common way that a DUI results in a suspension of your driver's license is through an administrative hearing. If you refuse to take the state-administered chemical sobriety test, it does not mean that you can be automatically fined or put in jail, but it does result in an automatic suspension of your driver's license.
If you refuse to consent to a blood, alcohol, or urine test, your license will be suspended for 12 months if you do not file an appeal. In Georgia, you can file an appeal of your license suspension within 30 days. Your driver's license will not be suspended until you are given an ALS hearing in front of the Office of State Administrative Hearings (OSAH). At that hearing your attorney can challenge:
- A lack of probable cause for the arrest,
- The reading of the implied consent law,
- Answer questions regarding the implied consent law.
Fighting the administrative suspension is an uphill battle without the help of an experienced attorney.
Consult a Dekalb DUI Attorney
If you have been arrested for DUI or driving on a suspended driver's license, you have rights that should be protected. With the help of an experienced Dekalb County DUI attorney, you can fight your criminal charges.